VA asking questions on injury background. Warranted?

[Scottish_Knight]

Greetings all,

I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent.  In 2001, I was shot in the leg, which destroy the femur.  This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC.  The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws.  I lost not only length in the leg (2cm) but my hamstring atrophied.  Since then, I've encountered continued pain in my knee and hip.  All was documented in my military medical records.  Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.

I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain.  The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years.  The pain continues.

My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken.  The VA Rating Decision gave me 0%. 

Unknown to me was the appeal process.  Last year, I found someone who is helping me with the appeal.  I live in a remote part of southern Germany, so connection to other retirees and vets is nil.

This week, through my appeal representative, the VA has contacted me.  They want all the background information on the shooting.  They require the who, what, when, where, why, and how of this incident.  I am also to supply them with records I have that they don't.  First, they have a copy of my entire medical record.  How am I to know what they don't have?  Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required?  Had I been shot while in Afghanistan would they be asking the same questions?

Perhaps I simply do not know exactly how the VA adjudicates the claims.  As this is not a presumptive matter, evidence of the injury must be presented.  They have that in the form of my military medical records.  Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability?  Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?

Thank you in advance for any insight into this.

Edited October 26, 2018 by Scottish_Knight

[broncovet]

Congratulations on your win! 

Apart from shooting that poor "donkey" to make him live shorter, you can go to a VSO or attorney who has VBMS access, and I have no idea who/if can do that in Germany.  You may be able to call (YOUR) VSO, in USA, and ask him to look at the vBMS and tell you.  Your VSO may be able/willing to scan in your decision, and email it to you, so you dont have to wait for that donkey to die.  

 

Ebenefits may show what percent goes to what, but probably wont tell you if awarded by cue or not, but you may be able to extrapolate based on the cues you filed and benefits awarded.  

 

A bunch of years ago, I sold a computer online to a man in China.  I mailed him the computer and he got mad he had not gotten it 60 days later.  I showed him my mailing receipt, that I had mailed it as promised, copying the receipt in an email.  

He finally got the computer over 3 months later.  I told him I can not fix slow mail in china.  Nor can I fix slow mail in Germany. 

Im sure there are advantages to living there, but there is also at least one disadvantage that you pointed out..slow mail.  You have obviously made a choiice to live there, and you will have to take the bad with the good.  Its kinda the same thing when you get married.  All wives have some things that we dont like.  Everyone does.  

Sometimes we need to check out these things before we make a decision, but we often do not, and have to learn to live with our choices.  

[Scottish_Knight]

5 minutes ago, pacmanx1 said:

wait ten (10) business days (until 8/25/2021) and call

aye, done so in the past and they were kind enough to email copies.  I was hoping there would be a section on the VA or eBennies site where one could read on the decision.  Actually, in the past they were more than accommodating when they understood the time length before a letter arrives in the post.  A couple of them even apologised for the delay. 

As a side note, during the past year of contacting the VA, they seem to work hard on being extremely friendly and polite.  While it's no excuse for denied and obvious claims, it does help the experience.

 

[Scottish_Knight]

2 minutes ago, broncovet said:

Congratulations on your win! 

Apart from shooting that poor "donkey" to make him live shorter, you can go to a VSO or attorney who has VBMS access, and I have no idea who/if can do that in Germany.  You may be able to call (YOUR) VSO, in USA, and ask him to look at the vBMS and tell you.  Your VSO may be able/willing to scan in your decision, and email it to you, so you dont have to wait for that donkey to die.  

 

Ebenefits may show what percent goes to what, but probably wont tell you if awarded by cue or not, but you may be able to extrapolate based on the cues you filed and benefits awarded.  

 

A bunch of years ago, I sold a computer online to a man in China.  I mailed him the computer and he got mad he had not gotten it 60 days later.  I showed him my mailing receipt, that I had mailed it as promised, copying the receipt in an email.  

He finally got the computer over 3 months later.  I told him I can not fix slow mail in china.  Nor can I fix slow mail in Germany. 

Im sure there are advantages to living there, but there is also at least one disadvantage that you pointed out..slow mail.  You have obviously made a choiice to live there, and you will have to take the bad with the good.  Its kinda the same thing when you get married.  All wives have some things that we dont like.  Everyone does.  

Sometimes we need to check out these things before we make a decision, but we often do not, and have to learn to live with our choices.  

Thanks BroncoVet!  It is a win and I'll happily take it.  The ultimate win is the gunshot wound - having the retropay - hence the CUE.

I know all too well the time matters and the post.  The reason this is maddening with the VA is they don't do Air Mail, which would be much quicker.  They post letters destined outside CONUS as normal mail, so it's given to a crippled mule who doesn't swim very well.     DFAS do Air Mail as do other government agencies.  Just not VA.

I'll ring the VA in a couple of weeks.

[Berta]

This is GREAT News so far!!!!!!

We had a widow here some time ago living in Italy and she did not receive her DIC check-and she was very upset because her rent was due- I believe I got her  contact info the State Department or US Consulate in Italy- but I also gave her the email for the VA's Office of Survivors link---too and  I think it was through that link that she finally got the check. And she moved back to the USA.

 

[Scottish_Knight]

14 hours ago, Berta said:

This is GREAT News so far!!!!!!

Thanks Berta!

[Scottish_Knight]

Right then,

I just rang off with the VA after I was emailed a copy of my most recent Decision Rating.....

Thanks to the encouragement of this forum, the assistance of many like Berta and BroncoVet and along with others, it would seem I know how to write a CUE claim.

As per the VA Decision Rating:

Failure to grant initial service connection for gunshot wound, muscle group XIII with residual loss of power and muscle atrophy, from June 1, 2009 was a clear and unmistakable error.

An evaluation of 40 percent is assigned from June 01, 2009, day following discharge from service. (38 CFR 3.400)

This is what patience and research will reward.  Often times, it is best to take the matter into one's own hands and simply do it.  I cannot thank you all enough for the guidance and encouragement.

This evening, I will be breaking the seal on a 25 years old single malt bottle of whisky!  What a way to begin a week!

Thank you all!!

Edited August 23, 2021 by Scottish_Knight